Military Service Pensions Act, 1934

Suspension of pensions and prohibition of double pensions.

20.—(1) If any person to whom a pension is payable under this Act shall at any time during the continuance of such pension be in receipt of any remuneration, pension, or allowance payable out of public moneys, whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or any other rate imposed by a local authority, the pension payable to such person under this Act shall be suspended to an extent calculated according to the provisions contained in the Third Schedule to this Act while he is in receipt of such remuneration, pension, or allowance as aforesaid.

(2) A person shall not be entitled to reckon the same period of time both for the purpose of a pension under this Act and also for the purpose of a superannuation allowance under the Superannuation Acts, 1834 to 1923, or of a pension or allowance under section 5 of the Superannuation and Pensions Act, 1923 (No. 34 of 1923), as amended by any subsequent enactment, but any such person may, if he so desires, surrender his pension under this Act, and reckon for such superannuation allowance, pension or allowance and in the manner specified in the Second Schedule to this Act any period of time which but for this section he could have reckoned for both the purposes aforesaid.

(3) The expression “period of time” in the immediately preceding sub-section shall, in relation to a person to whom a pension or allowance has been or shall hereafter be granted under section 5 of the Superannuation and Pensions Act, 1923 , as amended by any subsequent enactment, include any period whether actual or notional which such person is or shall be entitled to reckon in calculating the amount of such pension or allowance.